WVC 36 - 1 - 14
§36-1-14. Rule in Shelley's Case abolished.
Wherever any person, by conveyance inter vivos or by will,
takes an estate of freehold in land, or takes such an estate in
personal property as would be an estate of freehold, if it were
an estate in land, and in the same conveyance or will an estate
is afterward limited by way of remainder, either mediately or
immediately to his heirs, or the heirs of his body, or his issue,
the words "heirs,""heirs of the body," or "issue" or other words
of like import used in the conveyance or will, in the limitation
therein by way of remainder, shall not be construed as words of
limitation carrying to such person the inheritance as to the
land, or the absolute estate as to the personal property, but
they shall be construed as words of purchase, creating a
remainder in the heirs, heirs of the body, or issue; it being the
intent and purpose of this section to completely abolish the rule
of law known as the rule in Shelley's Case.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
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